Public Interest Litigation requires demonstrable public interest and cannot be based solely on self-serving claims; factual disputes cannot be resolved in PILs.

Per : Justice Sushrut Arvind Dharmadhikari Heard on the question of maintainability of the writ petition as well as on the admission.

2.The present petition has been filed under Article 226 of the Constitution of India in the nature of Public Interest Litigation (PIL) and has sought for the following reliefs:

(a)Allow the present PIL and may kindly direct the respondents to ensure that the aforementioned illegal construction situated at 25, Yashwant Niwas Road is halted, removed and any further construction is cancelled.

(b) Allow the present PIL and may kindly direct the respondents to remove any current existing temple structure or any other analogous structure which is situated on the park land.

(c)Direct the respondents to ensure that no further construction shall be convened on the aforementioned land.

(d) Direct the respondents No. 2 to ensure that the aforementioned land is converted into a usable open recreational area for the local residents of the area and direct respondent 1-4 to take appropriate action against 5-26.

(c) Any other relief which the Hon'ble Court deems fit in the facts and circumstances of the present matter.

3.Learned counsel for the petitioner contended that the petitioner is a Journalist and Editor of production house for news programmes. He is a resident of city of Indore and has participated in various journalistic activities for the past 15 years. He has conducted various social welfare projects like providing food and financial assistance to the underprivileged. He has filed this petition in the interest of public at large and has no personal interest in the matter. The present petition has been preferred due to the inaction and inability of the governmental instrumentalities to remove illegal construction of a Temple and encroachment on the open land situated at 25, Yashwant Niwas Road which is earmarked for open park land use as per the map of town and country planning and Indore Development Plan, 2021.

4.Learned counsel for the petitioner contended that the Manmohan Parshvanath Jain Shwetamber Mandir Evam Guru Mandir is a Temple Establishment dating back to the year 2012 has been constructed illegally on the premises of a small colony on the aforesaid land. On the complaints made by the residents of the colony, the construction of the said temple premises was stopped and was demolished. After six months, the said premises was reconstructed. In 2022, the idol of the temple was shifted for construction of a bigger temple premises on the encroached park land. As per Rule 6.7.3 of the Indore Development Plan, 2021, any colony or any part thereof shall have a minimum 10% of total land as publicly accessible open land. Hence, the aforementioned construction is clearly against the provisions of M.P.Nagar Tatha Gram Nivesh Adhiniyam, 1973. Petitioner issued legal notices through counsel for the respondents No.1 to 4 but action has been taken nor the construction has been stopped by the respondents No. 5-26/trustees. Hence, this public interest litigation is being preferred.

5.Per contra, Shri V.K.Jain, learned Senior Counsel appearing for the respondents No. 5 and 6 has vehemently opposed the prayer and contended that though the petitioner has claimed himself to be a journalist, social worker and interested in protecting environment, however, not a single document has been filed to support his claims. Further, the temple which is said to be constructed illegally has been existing since last 40-45 years and none of the resident has ever raised any complaint against it. From time to time, the temple has undergone maintenance, repairs and beautification. The petitioner with malafide has referred the Development Plan 2021 but has deliberately concealed that the said colony was developed in the year 1977 i.e. prior to 30 years of coming into force of the said Development Plan.

6.Learned Dy. Advocate General appearing for the respondent/State submits that in case there is any illegal construction or encroachme